The Third Version of the Pre-Draft Bill of the Brazilian Copyright Law is Unofficially Out

Although the Ministry of Culture is still silent regarding the status of the bill of Copyright Law, we were provided with a copy of the new text of the bill that was allegedly sent to the Civil House. Though this may not be official, here goes a summary of the changes: Continue reading

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Bill of Copyright Law sent to the Civil House?

The last news I had about the status of the bill of Copyright Law was that it was under discussion before the Interministerial Group of Intellectual Property, a natural step after the final draft of the bill was elaborated by the Ministry of Culture and before it is sent to the Civil House. Continue reading

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The Brazilian government formalized the bilateral agreement with the government of India for co-production of audiovisual works

As of November 01, 2011, a Decree issued by the Brazilian government promulgating the agreement reached with the government of India for co-production of audiovisual works is valid and in force. The pact was signed by both countries on June 04, 2007 at New Delhi. Shri P. R. Dasmunsi, Minister for Information & Broadcasting and Parliamentary Affairs signed on behalf of Government of India and Mr. Celso Amorim, Minister of External Relations, on behalf of the Federative Republic of Brazil.

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A reply to What Happens When Music Enters a House of Worship?

I read this interesting article at The IPKat and could not resist to make comments.

Dear Neil,

I suppose that if the service is at night the church or congregation has to pay the public utility company for the power and the same in respect to other materials, products and services used and thus I personally see no reason at all to not let the composer collect public performance fees. Continue reading

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The Ministry of Justice finally sent the Internet Bill to Congress: is this good or bad?

According to the Ministry of Justice’s website, the so called Civil Regulatory Mark for the Internet in Brazil was sent to Congress yesterday. The Internet Bill received number 2,126/11 and it is currently following the procedures of the House of Representatives and, then, it will be remitted to the Senate. It is unclear how long the process may take but now is the moment for content creators and owners to pay close attention as the Congress may amend the current text of the bill before sending it to the presidential sanction.
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Federal Court of Appeals issues groundbreaking decision related to “violent” videogames

In the wake of the U.S. Supreme Court decision which struck down a California Law banning violent videogames to minors, the Brazilian Federal Court of Appeals for the 1st Region overturned a first instance decision which fully banned two famous videogames from the country because of their alleged violent content. The decision was issued earlier today in a Judgment Session. Continue reading

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The Ministry of Culture disclosed its schedule for the further revision of the draft-bill of Copyright Act

As commented here, the Ministry of Culture was going to reveal a plan for further possible comments on the second version of the draft bill of Copyright Act. Well, as an Easter Egg, the plan was revealed last night and, basically, any interested parties will have from April 25th, 2011 until May 30th, 2011, to make their contributions for the enhancement of the bill.

The Ministry further said that the intention is to have the modified draft sent to the Civil House on July 15th.

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Changes in the Brazilian law related to e-commerce

E-commerce in BrazilThis is not an April Fool’s joke but on April 1st the 141st Meeting of the National Council of Finance Secretaries (CONFAZ) took place. During the meeting, 18 out of the 27 Brazilian states signed a Protocol amending the rules of taxation on internet sales and telemarketing.

The Brazilian states which have signed the protocol are: Acre, Alagoas, Amapá, Bahia, Ceará, Espírito Santo, Goiás, Maranhão, Mato Grosso, Para, Paraiba, Pernambuco, Piauí, Rio Grande do Norte, Roraima, Rondônia, Sergipe and also Distrito Federal (the capital). Continue reading

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No right of publicity claim possible when a duty to give credit exists


The Court of Appeals of the State of Rio de Janeiro has recently decided that there can be no liability under a right of publicity type claim when a duty to give credit exists.

In the interest of transparency I have to inform that my firm, myself included, worked for the defendant, a music label, in this case.
One of the characteristics of the Brazilian Copyright Law or any Copyright Law which derives from the continental tradition of the droit d’auteur is the protection of the moral rights of the Author together with the economic rights.

Among the moral rights protected lies the right to be credited as the author of a work. Continue reading

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The first 365 days


Our little blog project is already one year old since our firstpost.

Time really flies.We had a very busy 12 months but we would not be here, still writing this blog if it were not for you, our readers. You have provided us with incentive, comments and criticism. We now have a very nice number of subscribers and many others following us on our Twitter page or by RSS feeds.

We never assumed we would get this far but I can tell you that we made efforts in that sense and we are happy to say the fruits are easy to be seen: we have been mentioned in IPKat, a wonderful blog about IP, in Entertainment Law Reporter, a very informative blog about all things entertainment and in Knockoff Report, an incredible site about anti-counterfeiting measures. In addition, Direito e Mídia, a Brazilian blog by one of the smartest guys in the Brazilian entertainment landscape, gave us a lot of support. The same can be said by our friends at ABRAMUS, a great Brazilian music association, who provided us with a great post.

Oh, and we must not forget to thank the guy who inspired us to start this project: our friend and mentor Nils Montan, one of the masters of social media tools. Thanks, Nils!

So, as you can see, this post is a big thank you for all of you, our loyal readers and friends. We are not politicians but we promise we will keep this project up and running. There is even a spin-off blog dedicated to trademarks we are beginning to put together here and a planned Portuguese version of Entertainment Law Brazil. In sum, we have a lot to keep us busy! Continue reading

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Filed under Brazilian Copyright Act, Brazilian Copyright Law, Copyright in Brazil, Entertainment Law Brazil